QUESTION
What are the steps if I want to file for divorce and my husband is incarcerated but we have nothing to contest?
Asked on Feb 10th, 2014 on Divorce - Michigan
9 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You file and have him served. There are always some minimal assets (e.g. household furnishings) which you must list along with any debts in either of your names incurred during the marriage. If he doesn't respond to the petition, you can get a decree by default.
Answered on Feb 13th, 2014 at 10:41 PM
Collections Attorney serving Troy, MI
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Beier Howlett, P.C.
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Same steps as if he were out of jail. You can still get divorced; however, he still needs to be served. Different jails/prisons provide various methods for service. You will need to contact them to find out how to serve him properly.
Answered on Feb 13th, 2014 at 10:40 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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My first suggestion is that you consult with an Arizona family law attorney to discuss the appropriate steps. That being said, In Arizona the forms and instructions for filing and obtaining a dissolution of marriage are available online.
Answered on Feb 13th, 2014 at 10:35 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File your complaint, have him served in prison and proceed as you would normally do.
Answered on Feb 13th, 2014 at 10:34 PM
File your papers and have him served. You can get a divorce. You might need the help of a paralegal.
Answered on Feb 13th, 2014 at 10:34 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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File for divorce and then prepare the final document, after the appropriate waiting period, and ask him to sign off on them. If he refuses, simply set it for hearing before a judge.
Answered on Feb 12th, 2014 at 9:00 AM
If your spouse agrees, I would recommend that you consider Mediation. Mediation is Fast, Effective and Affordable and the mediator can guide you through the process. Good luck.
Answered on Feb 12th, 2014 at 8:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Hire an attorney to assist you. His incarceration is not an issue.
Answered on Feb 12th, 2014 at 8:59 AM
You start the process by filing for divorce and having him served in prison. If you think he will sign a settlement agreement, then draft one and have him sign it in prison.
Answered on Feb 12th, 2014 at 8:59 AM